Ord No 02-04-1809ORDINANCENO.02-04-1809
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA RELATING TO SOLID WASTE;ADDING TWO
SUB-PARAGRAPHS TO SECTION 11-4 AND AMENDING SECTIONS 11-19 (a),
(b)AND 11-21 (a),(b)OF THE CODE OF ORDINANCES ENTITLED
"DEFINITIONS","REFUSE CONTAINERS"AND "EXTENT OF SERVICE
AND POINTS OF COLLECTION";PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT,AND AN EFFECTIVE DATE.
WHEREAS,the City of South Miami maintains a PublicWorks Department that provide
collection services in regard to refuse and garbage collection in the City;and
WHEREAS,the administration recommends adding two sub-paragraphs to section 11-4 and
amending to Sections 11-19 (a),(b)and 11-21 (a),(b)of the Code of Ordinances.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 11-4 of Chapter Eleven of the Code of Ordinance is hereby
amended as follows:
Section 11-4.Definitions
Automated domestic garbage container shall mean the container designed for the automated
collection system and supplied by the City.
Refuse containers shall mean garbage can,garbage container,automated domestic garbage
container,domestic trash container and commercial refuse container.
Section 2.That Section 11-19 of Chapter Eleven of the Code of Ordinance is hereby
amended as follows:
Section 11-9.Refuse containers.
(a)Automated domestic 2arbase containers.Domestic garbage containers.Each residence shall
provide two(2)containers of a capacity of notmore than thirty (30)gallons each.—S«eh
containers shallbe constructed of galvanized metalorplastioandshallhavetightfittinglids
andbe rodent proof.The automated domestic garbage containers shallbe provided bv the
citv.The bottom of the containers shallbelined with paper or plastic liners of sufficient
strength and texture to prevent leakage and spillage provided bythe owner or tenant using
such container.Nooil drums shall be allowed.The owner or occupant of the unit being
serviced shallbe responsible forthe maintenance of the container.All containers shallbe
maintained in good condition,including cleanliness and repair.
(b)Domestic trashcontainers.Each residence shall provide two (2)containers as described in
paragraph (a)tobe used for domestic trash collection as herein described,of a capacity of
not more than thirty (30)gallons each.Such containers shall be constructed of galvanized
metal or plastic and shall have tightlidsandbe rodent proof.No resident shall have more
than-four (4)two (2)-containers for garbage and trash collection.
Section 3.That Section 11-21 of Chapter Eleven of the Code of Ordinances is hereby
amended as follows:
Additions shown by underlining and deletions shown by overstriking.
Page 2 of Ord.No.02-04-1809
Sec.11-21.Extent of service and points of collection
(a)Domestic garbage.Garbage containers are hereby required tobe placed ata point upon the
premises of the owner or tenant within fifty (50)feet of the center line of the street from where the
garbage is collected or any point that isno more than ten (10)feet behind the front setback line of the
residence or in the case of a corner lot,nor more than ten (10)feet behind the side street setback lineef
the-residence.In either case,location of the containers must be the closest distance to the street from
whieh thegarbageis collected,curbside.andfacingthe street,atleast5feetfromparked cars,poles,fire
hydrants,mailboxes or other obstacles orat location designated by city manager or public works director.
Garbage containers are hereby required tobe placed atthe collection pointtheday of scheduled
collection,asearlyas7:00 pm thenights before the pick-up andnot later than 7:00amtheday of pick-up.
Such containers shallbe removed from public view within twenty-four (24)hours after the scheduled
collection day.Containers maybe concealed fromviewbyawall,fenceor shrubbery,provided theyare
accessible for collection andnotin violation of the zoning ordinance of thecity.Containers maynotbe
placedatlocations other thanstatedabove.Those containers and locations notapprovedwillnotbe
picked up.Containers in approved location willbe emptied atleast twice each week.
(b)Domestic trash.Domestic trashin containers and bundled domestic trashshallbe placed atthe
curbfor collection notmorethen twenty-four (24)hours prior tobethe scheduled pickupdayand
removed fromthecurb within twenty-four (24)hours after pickup.Inno case shallthe bundled trash
weighmorethanfifty(50)pounds orbe longer thanfour(4)feetinlength.The amount of domestic trash
shallnot exceed the equivalent in volume of two thirty (30)gallons containers for each collection.The
collection procedure for domestic trashasdescribedhereinmay change dueto emergencies and
circumstances beyond the control of thecity.Insuch situations the collection of domesticgarbage shall
be given priority.Grass,hedge clippings,leaves,branches and vines arenot required tobe containerized
bundled as domestic trash.These itemsmaybeplacedatthe curb as explained in subsection (c)below
for special mechanized pickup onthe scheduled pickup day.This bundled domestic trash maybe placed
in automated domestic garbage container defined in Section 11-19 (a)above-
Section 4.If any section,clause,sentence,or phrase of this ordinance isforany reason held
invalid or unconstitutional bya court of competent jurisdiction,the holding shallnot affect the validity of
the remaining portions of this ordinance.
Section 5.All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 6.This ordinance shall take effect immediately upon approved.
PASSEDANDADOPTEDthis 3rdday of February ,2004.
ATTEST:APPROVED:
CITY CLERK
1st Reading-1/20/04
2nd Reading-2/3/04
READ AND APPROVED AS TO FORM:COMMISSION VOTE:5-0
Mayor Feliu:Yea
^..^..Vice Mayor Russell:Yea
/C7 -^^t ///ir/'L.Commissioner Wiscombe:Yea
CITY ATTORNEY ~*~Commissioner Bethel:Yea
Commissioner McCrea:Yea
Additions shown by underlining and deletions shown by overstriking.
CITY OF SOUTH MIAMI South Miami
Inter-office Memorandum
TO:HonorableMayor,ViceMayor DATE:February 3,2004
&City Commission
2001
so._JJr
to Sections 11-4,
FROM:Maria V.V^UffjAjJl <AGENDA ITEM NoCityManager^ILX*LAPS'RE,Amendment
11-19 (A),(B)and 11-21 (A),(B)of
the Code of Ordinances
ORDINANCE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDARELATINGTOSOLIDWASTE;ADDINGTWO SUB-PARAGRAPHS
TO SECTION 11-4 AND AMENDING SECTIONS 11-19 (a),(b)AND 11-21(a),(b)OF THE
CODE OF ORDINANCES ENTITLED "DEFINITIONS","REFUSE CONTAINERS"AND
"EXTENT OF SERVICE AND POINTS OF COLLECTION";PROVIDING FOR
SEVERABILITY,ORDINANCESINCONFLICT,ANDAN EFFECTIVE DATE
BACKGROUND &ANALYSIS:
As approved inthisyear's budget,the automated garbage collection process is scheduled
to commence on April 5,2004.With new process and equipment,weare required to
amendtheCode of Ordinances.TheseproposedchangestoChapter 11 of theCode of
Ordinanceswillaccommodatethenewautomated garbage collection system.The
proposedchangestothecodeincludes:
•Adding Automated DomesticGarbageContainer.
•Amendingdescription of RefuseContainers.
•AmendingtheExtent of ServiceandPoints of Collection
In brief,these changes define the new automated domestic garbage container and added
thattheCity shall provide the automated garbage containers tothe residents atthe
residents'expense andthatthe containers mustbeplacedat curbside,facing the street,on
theday of collection.
RECOMMENDATION:
Itis recommended that the City Commission approve the ordinance.
ATTACHMENT:
•Proposedordinance
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday,Sunday and
Legal Holidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforethe undersigned authority personally appeared
O.V.FERBEYRE,who on oath says that heor she is the
SUPERVISOR,LegalNoticesof the MiamiDaily Business
Reviewf/k/a Miami Review,adaily(exceptSaturday,Sunday
andLegalHolidays)newspaper,published atMiamiinMiami-Dade
County,Florida;that the attached copyof advertisement,
beingaLegal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -PUBLIC HEARING -2/3/04
ORDINANCERELATINGTOSOLID WASTE,ETC.
in the XXXX Court,
was published in said newspaper in the issues of
01/23/2004
Affiant further says thatthesaid Miami Daily Business
Reviewisa newspaper published atMiamiin said Miami-Dade
County,Florida and that the said newspaper has
heretoforebeencontinuouslypublishedinsaid Miami-Dade County,
Florida,each day (except Saturday,Sunday andLegalHolidays)
andhasbeen entered as second class mailmatteratthepost
officeinMiamiin said Miami-DadeCounty,Florida,fora
periodof one yearnextprecedingthefirstpublicationofthe
attachedcopyof advertisement;andaffiantfurther says thatheor
shehasneitherpaidnorpromisedanyperson,firm orcorporation
any discount,rebate,commission or refund for the purpose
of securing tf^advertisejpefiffoT'publication in the said
newspaper/
Sworn to and subscribed before me this
23 datf of tJANOAR/^A/L\2004
-.u \'~'"'.'••'~•"'"'>'••-;".:•
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given thatthe City Commission ofthe City/of
South Miami;Florida will conduct a Public Hearing during its regular City j
Commission meeting Tuesday,February 3,2004 beginning at 7:30 p.m.,
intheCity Commission Chambers,6130 Sunset Drive,to consider 2nd :
Reading ofthe following described ordinance(s):-"_.-.
ANORDINANCEOFTHEMAYORAND CITY-COMMISSION .,
-:OF THE CITY OF SOUTH MIAMI,FLORIDA RELATING TO "..?;"-•.!
SOLID WASTE;ADDING TWO SUB-PARAGRAPHS TO .
•.SECTION 11-4.AND AMENDING SECTIONS 11-19 (a),(b)•:':
AND 11-21 (a),(b)OF THE CODE OF ORDINANCES"•
•ENTITLED "DEFINITIONS","REFUSE CONTAINERS"AND
:"EXTENTOF SERVICE;AND POINTS OF-COLLECTION";j
PROVIDING FOR SEVERABILITY,ORDINANCES "IN ,,'
:;.CONFLICT,AND AN EFFECTIVE DATE.':'...r;
Said ordinance can be inspected in the City Clerk's Office,Monday -
Fridayduring regular office hours."*":''•..:
,Inquiries concerning this item should be directed to the Public Works
Department at 305-663-6350 _:."..'_'"
;ALL interested parties are invited to attend and will be heard.
-'.,.:;';'?;MariaM.Menendez *•
,];•:"-•Interim City Clerk -•';'
":;.'-'•'..CityofSouth Miarni
PursuanttoFlorida Statutes 286.0105,theCityhereby advises the
public that ifa person decides to appear any decision*made by this:
Board,Agency or Commission with respect to any matter considered at
its meeting or hearing,he or she will need a record of the proceedings,
and that for such purpose,affected person may need to ensure that a
verbatim record of the proceedings is made which ^record includes the
testimony and evidence upon which the appeal istobe based.
1/23 _.;._'_..:•...__04_-3:50/427344M
(SEAL)
O.V.FERBEYRE persona
MARIA I.MESA j
...,..JylY COMMISSION #CC 885540
ly^raHo ™EXPIRES:March 4,2004
State ot Florida Bonded Thru Notary Public Underwriters i